In Ohio, renting a property without a written rental agreement is not ideal, but it does happen from time to time. Whether you are a landlord seeking to understand your legal options or a tenant facing eviction without a rental agreement, this article will guide you through the process. Although it is strongly recommended to have a written rental agreement in place when renting out a property, Ohio law still provides avenues to evict tenants even in the absence of a formal agreement.
Understanding the Landlord-Tenant Relationship
Ohio law recognizes that a landlord-tenant relationship can exist even without a signed rental agreement. This means that if a tenant is paying rent regularly and residing in a property, they are afforded certain rights and protections under Ohio law. As a landlord, it is essential to understand what steps you can take to evict a tenant without a rental agreement while also respecting their rights.
How to Evict a Tenant Without a Rental Agreement in Ohio?
When dealing with a tenant without a rental agreement in Ohio, the eviction process can be slightly complex. However, below are the steps you need to follow to evict a tenant without a rental agreement:
1. Provide written notice: Start the eviction process by providing the tenant with a written notice to vacate the premises. This notice should clearly state the reasons for eviction and give the tenant a reasonable amount of time to leave the property (typically 30 days).
2. File an eviction lawsuit: If the tenant fails to vacate the premises within the given notice period, the next step is to file an eviction lawsuit, also known as an “unlawful detainer” action, with the local court. You will need to complete the necessary paperwork and pay the filing fee.
3. Serve the tenant with the lawsuit: After filing the lawsuit, you must serve the tenant with a copy of the complaint and summons. This process can be done by a sheriff, process server, or someone over the age of 18 who is not a party to the lawsuit.
4. Court hearing: Once the tenant is served with the lawsuit, a court hearing will be scheduled. The tenant has the right to respond to the eviction in court. If the tenant does not show up, a default judgment may be issued in your favor.
5. Obtain a judgment: If the court rules in your favor, you will receive a judgment for possession. This judgment allows you to regain possession of the property. However, it does not automatically enforce the eviction.
6. Enforce the eviction: To enforce the eviction, you need to schedule a “writ of possession” with the court. Once granted, a law enforcement officer will physically remove the tenant and their belongings from the property.
Frequently Asked Questions (FAQs)
1. Can I terminate a tenancy without a written rental agreement in Ohio?
Yes, you can terminate a tenancy without a written rental agreement by providing a written notice to the tenant, followed by filing an eviction lawsuit.
2. How long should the notice to vacate be when evicting a tenant without a rental agreement in Ohio?
The notice to vacate should typically provide the tenant with 30 days to vacate the property.
3. Can I use a verbal agreement to evict a tenant in Ohio?
Yes, a verbal agreement along with other evidence, such as rent payment receipts, can be used to establish a landlord-tenant relationship for the purpose of eviction.
4. What happens if the tenant refuses to leave after receiving the notice to vacate?
If the tenant refuses to leave after receiving the notice to vacate, you will need to file an eviction lawsuit and present your case in court.
5. Can I still collect unpaid rent from a tenant without a rental agreement?
Yes, you can pursue unpaid rent even if there is no written rental agreement. The court will consider the tenant’s history of payments and may require them to pay any outstanding rent owed.
6. Can I change the locks to force a tenant out?
No, as a landlord, you cannot change the locks or use any other tactics to force a tenant out without following the proper eviction procedure through the court.
7. How long does the eviction process take in Ohio?
The eviction process in Ohio typically takes several weeks to a couple of months, depending on various factors such as court availability and tenant cooperation.
8. Can I evict a tenant in Ohio during the winter months?
Yes, you can evict a tenant in Ohio during the winter months. Ohio law does not prohibit evictions during winter, but there may be additional considerations for tenants with certain hardships.
9. Can eviction be delayed due to the COVID-19 pandemic?
Yes, the eviction process in Ohio was temporarily suspended or delayed during the COVID-19 pandemic. It is important to stay updated with any current regulations or moratoriums in effect.
10. Can I terminate a tenancy without cause in Ohio?
Yes, in Ohio, a landlord can terminate a tenancy without cause by providing the tenant with a written notice to vacate, typically requiring 30 days’ notice.
11. Can a tenant sue the landlord for an illegal eviction?
Yes, if a tenant believes their eviction was illegal, they can file a lawsuit against the landlord seeking damages and other appropriate legal remedies.
12. Can I settle an eviction case outside of court?
Yes, landlords and tenants can sometimes reach a settlement agreement outside of court, avoiding further legal proceedings. However, it is advisable to consult with an attorney to ensure the agreement is legally binding and protects your rights.